Racial Discrimination

Los Angeles Employment Attorney

In 2011, the most prevalent form of employment discrimination was racial
discrimination. According to the US Equal Employment Opportunity Commission,
it received a total of 35,395 complaints of racial discrimination that year.

Since the mid-1990s, the Employment Opportunity Commission has received
125% more complaints of racial discrimination in the workplace. Racial
discrimination has been defined by the U.S. Equal Employment Opportunity
Commission as "treating someone unfavorably because he/she is of
a certain race or because of personal characteristics associated with
race…"

Individuals who often face the brunt of racial discrimination include African-Americans,
Latinos, Asians, American-Indian, Arabs and Jews. According to a study in
Law & Society Review, African Americans and Hispanics are less likely than Caucasians to score
interviews/job offers. A study by the National Bureau of Economic Research
found that "Black" sounding names resulted in less job callbacks.
Black unemployment remains double the national rate.

What Illegal Treatment by an Employer Can Include

Along with federal law, The California Fair Employment and Housing Act
(FEHA) also prohibits discrimination against employees or applicants on
the basis of their race or ethnicity.

Under Title VII of the Civil Rights Act of 1964, an employer is prohibited from:

Failing/refusing to hire an employee due to their race

Firing/disciplining an employee as a result of their race

Paying an employee less/providing them with fewer benefits because of their race

Failing to provide benefits, promotions or opportunities to an employee
due to their race

Improperly classifying or segregating employees/applicants as a result
of their race

Whether you believe you weren't hired because of your race, that you were
fired because of your race, that you were passed up for a promotion because
of your race or whether you make less pay than someone equally qualified
as you or your job classification has remained stagnant (even though your
responsibilities have grown), you should speak with an employment attorney.
It is likely you are a victim of racial discrimination and this kind of
harassment should not be tolerated. For more information, you can check
out the U.S. Equal Employment Opportunity Commission's page,
"Facts about Race/Color Discrimination."

Examples of racial discrimination include an employer saying, "We
didn't want to employ a receptionist with an accent" or "We've
employed people from your nation before; we don't want someone with a
poor work ethic." Racial harassment can take many forms from name-calling
to racist jokes to the presence of hateful symbols (like swastikas) in
the workplace. Being given unfair job assignments or not being given equal
access to training could also constitute racial discrimination. Sometimes
you can even be racially discriminated against for marrying another race.

If you believe you are being discriminated against, it is important that
you take the following steps:

Take detailed notes of the discriminatory actions experienced (include
date of the event, action done, list of names of the people who witnessed
the accident)

Talk with your company's HR officer

Consult with an employment lawyer

File a formal complaint

Were you discriminated against? Fight for your rights today!

If you believe you have been racially discriminated against, you deserve
the chance to fight back! You could be entitled to compensation that includes
back pay, front pay, emotional damages, punitive damages, attorney fees
and costs.

A discrimination report can be based on "disparate treatment"
or "disparate impact." Disparate treatment is when an employee
is subject to discrimination as a result of their race, ethnicity, skin
color and other similar characteristics. Disparate impact is when an employer's
policies adversely affect employees on the basis of race, ethnicity, skin
color and other similar characteristics.

To win an anti-discrimination lawsuit, the following must be proven:

You are a member of a protected class

You were qualified for the job that you applied for or were meeting your
employer's job expectations when you were disciplined or terminated from your job

You were not hired or promoted, whereas somebody outside of your protected
class was hired or promoted

You were fired and replaced by somebody outside of your protected class

The circumstances of your employer's hiring, promotion or termination gave
rise to a "reasonable inference" of discrimination

Your employer's false explanation was meant to make the discriminatory
action appear legitimate

If you believe that you have faced racial discrimination, you cannot afford
to wait; you need to secure legal representation immediately! While the
evidence remains fresh, you should get the experienced team at Martinian
& Associates INC. involved. Over the years, we have successfully handled
hundreds of jury trials and have secured
millions of dollars in verdicts and settlements.

When employers illegally discriminate in the workplace, they should be
held accountable; for the legal assistance you need,
contact our firm today! We provide free consultations!

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.